Builder pre-notice for demand
Raju
(Querist) 02 March 2013
This query is : Resolved
Hi Experts ,
I have booked a flat in NCR region , me and builder were in agreement for the payment scheme called subvention plan where i was supposed to release money as per demand generated by builder at various construction stages like 10% time of booking , 10% issuance of allotment letter, 30% when first floor completion, 30% brick work start,10% plaster and other finishing work,10% at possession .
let me also tell HDFC-PMS was partner in project and my loan is sanctioned from HDFC only under this above said payment scheme.
now issue arised when i have already paid 50% of amount till jan 25 2013 when first floor completion demand came ? now suddenly without any consent on change of payment scheme builder has generated demand of rest whole 50% amount of around 11 lacs and 45k which they say due to excellent progress in project we are raising early demand but let me tell you as per the allotment letter which is an agreement between me and builder next 30% demand only can come when brick work starts but for my flat that is too far to be achived yet and they raised the demand for whole 50% directly, builder says that HDFC has agreed to release the demand funds on this revised payment scheme on sanctioned laons and please release the amount but this we come to know via a suddenly droped mail to us without any re-agreement on the change of payment plan .
please advise me what to do ? whether this kind of demand is legal ? as a customer what i can do as they have already sent the demand and late payment of this will be charged with 18% simple interest PA.
please guide me experts.
Shashikant V. Patil
(Expert) 02 March 2013
If at all, builder demands rest of 50% balance payment, from your side it will be clear payment to the builder providedly you keep receipt of money paid to builder.
Raj Kumar Makkad
(Expert) 02 March 2013
The demand is highly illegal and unjustified and you need not to bow to his illegal demand rather serve a legal notice to him and if need arises, obtain a stay order from the civil court.
Rajeev Kumar
(Expert) 02 March 2013
The demand is illegal and you should never bow down against builder. You should file a case for seeking stay and implemention of agreement.
